1 2025:CGHC:19645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3309 of 2025 Hariom Kanoujiya S/o Rajendra Prasad Kanoujiya Aged About 19 Years R/o Village- Syahi, P.S.- Basantpur, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Basantpur, District- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Navneet Kumar Yadav, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 86/2024, registered at Police Station – Basantpur, District-Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 34(2), 36 of the Chhattisgarh Excise Act. 2. According to the prosecution story, on 04.06.2024, based on information from an informer, the police seized a total of 151.74 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.01 12:56:16 +0530 2 liters of English liquor from a car, a Tata Vista bearing registration number CG07AL 5318, belonging to the other co-accused, namely Pankaj Kanoujiya. Thereafter, an FIR was registered on the same day as Crime No. 86/2024 for the offense punishable under Sections 34(2) and 36 of the Chhattisgarh Excise Act against unknown persons. Subsequently, on 18.03.2025, memorandum statement of the other co-accused, namely Pankaj Kanoujiya, was recorded. Therefore, the present applicant has been implicated in this case. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The alleged liquor has not been recovered from exclusive possession of the applicant. He also submits that for the offence under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant has no criminal antecedents and he is in jail since 18.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that in the present case, the charge sheet has been filed before the competent court. She submits that based on secret information, police ofÏcials conducted a raid and seized 151.74 liters of English liquor from a car bearing registration number CG 07 AL 5318, and the applicant and co-accused, namely Pankaj Kanoujiya (the owner of the car), fled away from the spot, therefore, she prays that the applicant is not entitled for grant of 3 regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that a huge quantity of liquor, i.e. 151.74 liters of English liquor have seized from the car of the co-accused person, namely, Pankaj Kanoujiya, in which the applicant and the co-accused were transporting the said liquor without any valid licence and no plausible explanation has been offered in this regard, furthermore, considering the gravity and seriousness of this case, it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant namely, Hariom Kanoujiya, involved in Crime No. 86/2024, registered at Police Station – Basantpur, District-Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 34(2), 36 of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice 0. Abhishek